Lakshmi Kumar Yadav @ Laxmi Kumar Yadav @ Lakshmi Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6666 of 2018 Arising Out of PS. Case No.-242 Year-2017 Thana- BOCHHA District- Muzaffarpur ======================================================

1. Lakshmi Kumar Yadav @ Laxmi Kumar Yadav @ Lakshmi Rai son of Sakal Dev Prasad, R/o village Zero Mile @ Shekhpur @ Shekhpura, P.S. Ahiyapur, District Muzaffarpur

2. Sachidanand Kumar @ Sachchidanand Kumar @ Sachidanand Rai son of Shambhu Prasad Yadav, R/o village Zeromile @ Ambedkar colony, Sahwajpur Salem, P.S. Ahiyapur, District Muzaffarpur ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. TARKESHWAR NATH THAKUR ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-02-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 272, 273, 120B of the I.P.C. and Sections 30(A), 33 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 3150 liters wine is recovered.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The name of the petitioners has come on the basis of secret information as per F.I.R. The source and genuineness of

Patna High Court Cr.Misc. No.6666 of 2018(2) dt.07-02-2018 2/2 the secret information has not been disclosed by the prosecution. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. It is alleged that 3150 liters wine is recovered by the side of the road in abandoned stage. Nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Muzafffarpur in connection with Bochahan P.S. case No.242 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T